Agrarian Reform in the Philippines (Module 3, Unit 1) PDF

Agrarian Reform policies in the Philippines Agrarian reform Defined The transfer of control and ownership of agricultural land to the actual tillers LAND REFORM vs. AGRARIAN REFORM Land Reform Improvement of the farmers relationship to the land that they cultivate Agrarian Reform Total...

Agrarian Reform policies in the Philippines Agrarian reform Defined The transfer of control and ownership of agricultural land to the actual tillers LAND REFORM vs. AGRARIAN REFORM Land Reform Improvement of the farmers relationship to the land that they cultivate Agrarian Reform Total development of farmers on economic, social and political transformation  HINDSIGHT Review of the Agrarian Reform History Various Agrarian Reform Programs in the Past Administrations  Agrarian Reform History Pre-Colonial Times (Before 16th Century) Land was commonly owned by the community known as barangay. This is a small unit of government consisting of 30-100 families administered by the chiefs. Everyone in the barangay regardless of status had access on the land and mutually shares resources and the fruits of their labor They believed and practiced the concept of “stewardship” where relationship between man and nature is important. Land cultivation was done commonly by kaingin system or the slash and burn method wherein land was cleared by burning the bushes before plowing and planting the crops.  Agrarian Reform History SPANISH ERA (1521-1896) Pueblo agriculture, a system wherein native rural communities were organized into pueblo and each Christianized native family is given four to five hectares of land to cultivate; The native families were merely landholders and not landowners. By law, the land assigned to them was the property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the form of agricultural products they produced. ◊ Repartiamentos for lands granted to the Spanish military as a reward for their service ◊ Encomienda for large tracts of land given to Spaniards (encomiendero) to manage and have the right to receive tributes from the natives tilling it.  Agrarian Reform History Abusive encomienderos collected more tributes that became the land rentals from the natives living in the area. A compras y vandalas system was practiced wherein tillers were made to compulsory sell at a very low price or surrender their agricultural harvests to Spanish authorities where encomienderos can resell it for a profit. People of the encomiendas were also required to render personal services on public and religious work and as a household help to the encomienderos. The Spanish crown made a law in 1865 ordering landholders to register their landholdings. Only those who were aware of these decrees benefited. Ancestral lands were claimed and registered in other people’s names (Spanish officials,inquilinos and caciques or local chieftains  Agrarian Reform History As more tillers were abused, exploited and deprived of their rights, the revolution of peasants and farmers in 1896 articulated their aspirations for agrarian reform and for a just society. Women also fought for freedom and played an important role in the planning and implementing the activities of the revolutionary movements. The revolutionary government confiscated the large landed estates, especially the friar lands and declared these as properties of the Government.  Agrarian Reform History AMERICAN PERIOD (1898-1935) Realizing that being landless was the main cause of social unrest and revolt at that time, the Americans sought to put an end to the miserable conditions of the tenant tillers and small farmers by passing several land policies to widen the base of small landholdings and distribute land ownership among the greater number of Filipino tenants and farmers: Philippine Bill of 1902 - public lands wherein a private individual can own 16 hectares of land while the corporate land holdings can avail of 1, 024 hectares. This also gave the rights to the Americans to own agricultural lands. Torrens system was then introduced to replace the registration system implemented by the Spaniards.  Agrarian Reform History AMERICAN PERIOD (1898-1935) Torrens system √ In this system, title by registration takes the place of “title by deeds” √ A sale of land for example is effected by a registered transfer, upon which a certificate of title is issued o Certificate is guaranteed by statute, and with certain exceptions, constitutes indefeasible title to the land mentioned therein o Under old system, the same sale would be effected through conveyance, depending on its validity, apart from intrinsic flaws, on the correctness of a long series of prior deeds, wills, etc. √ Object of the Torrens system: to do away with the delay, uncertainty, and expense of the old conveyancing system √ Generally, “Torrens” refer to those systems of registration of transactions with interest in land whose declared object is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer.  Agrarian Reform History AMERICAN PERIOD (1898-1935) The Land. Registration Act of 1902 or Act. No. 496 placed all private and public lands under Torrens system. The Cadastral Act or Act. No. 2259 speeds up the issuance of Torrens titles. This was done by surveying a municipality and presented the result to the land registration court. Rice Share Tenancy Act of 1933 or Act. No. 4054, first legislation regulating the relationships of landlord and tenants and the first law to legalize a 50-50 crop sharing arrangement. Sugarcane Tenancy Contracts Act of 1933 or Act No. 4113 regulated the relationship of landlord and tenants in the sugarcane fields and required tenancy contracts on land planted to sugarcane.  Agrarian Reform History AMERICAN PERIOD (1898-1935) Did these land policies help the farmer’s situation?. It further worsened the land ownership situation, wherein there was no limit on the size No. of landholdings one could possess. Landholdings were once again concentrated in the hands of fewer individuals who can afford to buy, register, and acquire fixed titles of their properties. Hence, more lands were placed under tenancy. How did the peasant groups react to this situation? There were widespread peasant uprisings, headed by the armed peasants’ groups known as Colorum and Sakdalista of Luzon and Northeastern Mindanao respectively. These uprisings resulted to social disorder in 1920s and 1930s. Hence, more militant peasants and workers’ organizations bonded together for a more collective action against the abuses of landlords and unjust landownership situation. This gave birth to the Communist Party of the Philippines.  Agrarian Reform History COMMONWEALTH (1935-1942) ∙ Contrasting economic and political lifestyle between tenant and the landlord became very common. Landlords became richer and powerful while the tenants were deprived of their rights and became poorer. ∙ Absentee landowners increased. They preferred to go after new opportunities in the cities and left their farms idle or to the management of “katiwalas”. As a result, haciendas were poorly and unjustly managed. JAPANESE PERIOD During this occupation, peasants and workers organized the HUKBALAHAP (Hukbong Bayan Laban sa mga Hapon) on March 29, 1942 as an anti-Japanese group. They took over vast tracts of land and gave the land and harvest to the people. Philippine Government Initiatives on Agrarian Reform  AGRARIAN REFORM of PAST PRESIDENTS Manuel L. Quezon (1935-1944) RA 4054 or the Rice Tenancy Law was the first law on crop sharing which legalized the 50-50 share between.landlord and tenant with corresponding support to tenants protecting them against abuses of landlords. The 1935 Constitution , provided specific provisions on social justice and expropriation of landed estates for distribution to tenants as a solution to the land ownership and tenancy problems. Commonwealth Act No. 461 specified that dismissal of a tenant should first have the approval of Tenancy Division of the Department of Justice. Commonwealth Act No. 608 was enacted to establish security of tenure between landlord and tenant. It prohibited the common practice among landowners of ejecting tenants without clear legal grounds.  AGRARIAN REFORM of PAST PRESIDENTS Manuel Roxas (1946-1948) Republic. Act No. 34 was enacted to establish a 70-30 sharing arrangement between tenant and landlord. The 70% of the harvest will go to the person who shouldered the expenses for planting, harvesting and for the work animals. Elpidio Quirino (1948-1953) Through Executive Order No. 355, the Land Settlement Development Corporation (LASEDECO) was established to accelerate and expand the peasant resettlement program of the government. However, due to limited post-war, resources, the program was not successful.  AGRARIAN REFORM of PAST PRESIDENTS RAMON MAGSAYSAY (1953-1957). R.A. No. 1199 (1954): Agricultural Tenancy Act basically governed the relationship between landholders and tenant-farmers. This law helped protect the tenurial rights of tenant tillers and enforced fair tenancy practices. R.A. No. 1160 (1954): Free distribution of Resettlement and Rehabilitation and Agricultural land and an Act establishing the National Resettlement and Rehabilitation Administration (NARRA). R.A. No. 1400 (1955) : Land Reform Act or known as “Land to the Landless” Program which sought improvement in land tenure and guaranteed the expropriation of all tenanted landed estates.  AGRARIAN REFORM of PAST PRESIDENTS Carlos P. Garcia (1957-1961) There was no legislation passed in his term but he continued to implement the land reform programs of President Magsaysay.  AGRARIAN REFORM of PAST PRESIDENTS Diosdado Macapagal (1961-1965). Agricultural Land Reform Code or RA No. 3844 - was enacted on August 8, 1963. This was considered to be the most comprehensive piece of agrarian reform legislation ever enacted in the country that time. ◊ This Act abolished share tenancy in the Philippines. It prescribed a program converting the tenant farmers to lessees and eventually into owner-cultivators ◊ It aimed to free tenants from the bondage of tenancy and gave hope to poor Filipino farmers to own the land they are tilling ◊ It emphasized owner-cultivatorship and farmer independence, equity, productivity improvement and the public distribution of land  AGRARIAN REFORM of PAST PRESIDENTS Ferdinand E. Marcos (1965-1986) ► Republic Act No. 6389 – An Act amending RA 3844 (Land Reform Code) and created DAR to implement agrarian reform on September 10, 1971 ► PD 27 – Emancipation of tenants from the bondage…September 21, 1972  AGRARIAN REFORM of PAST PRESIDENTS Ferdinand E. Marcos (1965-1986). Presidential Decree No. 27 became the heart of the Marcos reform. It provided for tenanted lands devoted to rice and corn to pass ownership to the tenants, and lowered the ceilings for landholdings to 7 hectares. The law stipulated that share tenants who worked from a landholding of over 7 hectares could purchase the land they tilled, while share tenants on land less than 7 hectares would become leaseholders It was considered revolutionary for two reasons: 1. It was pursued under Martial Law and intended to make quick changes without going through legislative or technical processes; and 2. It was the only law in the Philippines ever done in handwriting.  AGRARIAN REFORM of PAST PRESIDENTS CORAZON C. AQUINO (1986-1992) Proclamation 131, instituted the Comprehensive Agrarian Reform Program (CARP) as a major program of the government. It provided for a special fund known as the Agrarian Reform Fund (ARF) in the amount of 50 Billion pesos to cover the estimated cost of the program for the period 1987-1997. RA 6657 or Comprehensive Agrarian Reform Law, an act instituting a comprehensive agrarian reform program to promote social justice and Industrialization, providing the mechanism for its implementation and for other purposes.  AGRARIAN REFORM of PAST PRESIDENTS CORAZON C. AQUINO (1986-1992) EO 129-A, reorganized the Department of Agrarian Reform and expanded in power and operations. EO 228 declared full ownership of the land to qualified farmer-beneficiaries covered by PD 27. It also regulated (fixed) the value of remaining rice and corn lands for coverage provided for the manner of payment by the farmer beneficiaries and the mode of compensation (form of payment) to the landowners. EO 229 provided the administrative processes for land registration or LISTASAKA program, acquisition of private land and compensation procedures for landowners. It specified the structure and functions of units that will coordinate and supervise the implementation of the program.  AGRARIAN REFORM of PAST PRESIDENTS CORAZON C. AQUINO (1986-1992) E.O. No. 405 gave the Land Bank of the Philippines the primary responsibility for the land valuation function. E.O. No. 406 emphasized that CARP is central to the government’s efforts to hasten countryside agro-industrial development and directed the implementing agencies to align their respective programs and projects with CARP. This created CARP implementing teams from the national to the municipal levels and gave priority to 24 strategic operating provinces where the bulk of CARP workload lies. E.O. No. 407 - directed all government financing institutions (GFIs) and government owned and controlled corporations (GOCCs) to immediately transfer to DAR all their landholdings suitable for agriculture.  AGRARIAN REFORM of PAST PRESIDENTS FIDEL V. RAMOS (1992-1998) DAR AO No. 2 (1992), rules and procedures governing the distribution of cancelled or expired pasture lease agreements and Timber License Agreements under EO 407 JOSEPH E. ESTRADA (1998-2001) Magkabalikat Para sa kaunlarang Agraryo (MAGKASAKA) was launched under this administration GLORIA M. ARROYO (2001–2010) BAYAN-ANIHAN concept as the implementing framework for CARP. Bayan means people, Anihan means harvest and Bayanihan means working together. Applied to CARP, Bayan_Anihan means a united people working together for the successful implementation of agrarian reform.  AGRARIAN REFORM of PAST PRESIDENTS BENIGNO C. AQUINO (2010–2016) Under the governance of President Aquino, the DAR which is the lead agency for CARP implementation is bent on sustaining the gains of agrarian reform through its three major components: 1. Land Tenure Improvement (LTI) 2. Program Beneficiaries Development (PBD) 3. Agrarian Justice Delivery (AJD)  AGRARIAN REFORM of PRESIDENTS RODRIGO ROA DUTERTE (2016 – 2022) -wanted to pursue an “aggressive” land reform program that would help alleviate the life of poor Filipino farmers by prioritizing the provision of support services alongside land distribution. -directed the DAR to launch the 2nd phase of agrarian reform where landless farmers would be awarded with undistributed lands under the Comprehensive Agrarian Reform Program (CARP). -planned to place almost all public lands, including military reserves, under agrarian reform. -placed 400 hectares of agricultural lands in Boracay under CARP. DAR created an anti-corruption task force to investigate and handle reports on alleged anomalous activities by officials and employees of the department. -pursued an “Oplan Zero Backlog” in the resolution of cases in relation to agrarian justice delivery of the agrarian reform program to fast-track the implementation of CARP.  Three Major Components of CARP 1. Land Tenure Improvement (LTI) 2. Agrarian Justice Delivery (AJD) 3. Program Beneficiaries Development (PBD)  1. Land Tenure Improvement The Qualified Agrarian Reform Beneficiaries (ARBs) per Sec. 22 of RA 6657: a. Agricultural lessees and share tenants b. Regular farmworkers c. Seasonal farmworkers d. Other farmworkers e. Actual tillers or occupants of public lands f. Collective or cooperatives of the above beneficiaries g. Others directly working on the land  1. Land Tenure Improvement Who can qualify as an agrarian reform beneficiary (ARB)? In Section 22 of RA 6657, the following can qualify: 1. Landless as defined in RA 6657. One is considered landless if he/she owns less than 3 hectares of agricultural land 2. Filipino citizen 3. At least 15 years of age or head of the family at the time of acquisition of property 4. Has willingness, ability and aptitude to cultivate and make the land productive as possible  1. Land Tenure Improvement How does DAR identify an ARB? The DAR in coordination with the Barangay Agrarian Reform Council (BARC) registers all agricultural lessees, tenants and farmworkers who are qualified to be beneficiaries of CARP and shall provide the following data: a. Names and members of their immediate farm household b. Owners or administrators of the lands they work on and length of tenurial relationship c. Location and area of the land they work d. Crops planted e. Share in the harvest or amount of rental paid or wages received (Section 15 of RA 6657; DAR AO 10 series of 1989 and AO No. 7 series of 2003)  1. Land Tenure Improvement Obligations of an ARB: a. The agricultural productivity of the land should be maintained b. The change in the nature of the use of the land shall be protected except with the approval of the DAR under its rules on conversion or exemption c. To pay amortization in 30 years  1. Land Tenure Improvement The Retention limit under Sec. 6 of RA 6657: ► A landowners’ retention limit shall not exceed 5 hectares ► Three (3) hectares may be awarded to a child of the landowner subject to the following qualifications: 1. At least 15 years of age during the CARP coverage 2. Actually tilling the land or directly managing the farm  1. Land Tenure Improvement Are CARP farmer beneficiaries allowed to sell their lands? Section 27 of RA 6657 states that within ten years, FBs cannot sell, transfer or donate the lands awarded to them except through hereditary succession, or if sold back to the State through the Land Bank of the Philippines or to another qualified beneficiary within the ten-year period. However, if an ARB sells, transfers, leases or conveys his/her rights over the awarded land except to those mentioned above, this will be a ground for disqualification as a beneficiary of CARP, PD 27 and other agrarian laws (DAR MC No. 19-1990).  2. Agrarian Justice Delivery A. Agrarian Legal Assistance (ALA) w/ the Legal Assistance Division (LAD) 1. Task Force on Problematic Landholdings 2. Quick Response Officer (QRO) for Flashpoint, Urgent and Special Cases 3. Public Assistance, Complaints and Coordination Unit Officer (PACCU)  2. Agrarian Justice Delivery B. Adjudication of Agrarian Cases with the DARAB  3. Program Beneficiaries Development ☼ ARC Development Strategy An Agrarian Reform Community is a barangay or clusters of agrarian reformed barangays in a municipality where farmers and farm workers are awaiting full implementation of agrarian reform. Requisites: 1. Compact and Contiguous 2. At least 80% LTI free 3. with 300 ARBs or over  DAR National Goal ►poverty reduction and sustainable development ►realization of full human rights and potentials ►equitable land ownership with EMPOWERED agrarian farmers ►Better quality of life  LONG-TERM GOALS ☻ Equal opportunity, access and control of CARP.. based on their differing needs, interests and capacities; ☻ Equitable share in responsibilities, decision-making and participation in the processes of CARP implementation as well as in the benefits derived therein.  sharing: ☻1. Imagine yourself to be the owner of a large tract of agricultural land. You want the land to be productive but then you have no idea how to farm. A landless farmer approached you, and discussed with you the possibilities of him tilling your farm. What kind of economic/financial arrangement do you think would be appropriate so that both of you benefits from the relations? Possible arrangements include: A. Employment of the farmer to be paid a fixed monthly wage B. Proportionate sharing of costs and profit C. Landowner bears all costs of farming implements and gets a bigger share of the profits D. Other options.  sharing: ☻2. Reverse the scenario, this time you are the farmer. Same question and options apply. Which do you choose?  evaluation: ☻BRIDGING THE GAP : AGRARIAN LAW ASSESSMENT The implementation of CARP was an effort to reform the agrarian structure in the Philippines. Although few programs have had success, it has not improved the unequal distribution of landownership. Identify the policy gap of CARP (deficiency and weakness of the program) and provide a “bridge” (policy recommendation/s that could potentially improve program outcomes). You may use the gap analysis diagram in pages 103-104 as a guide. evaluation: